Parliamentary Commissioner Act 1967

NOTES U.K.

Valid from 24/02/2003

[F1 A1 In the case of the Director of the Assets Recovery Agency an investigation under this Act may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners of Inland Revenue under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Inland Revenue functions).]

Textual Amendments

F1 Sch. 2 Note A1 inserted (24.2.2003) by 2002 c. 29, ss. 456, 458(1), Sch. 11 para. 2(3); S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7)

Valid from 16/12/2003

A2 The reference to the Department for Constitutional Affairs includes the Lord Chancellor’s Department and the Public Trustee

1 The reference to the Ministry of Defence includes the Defence Council, the Admiralty Board, the Army Board and the Air Force Board.

[F2 1A The reference to the Environment Agency is a reference to that Agency in relation to all its functions other than its flood defence functions, within the meaning of the M1 Water Resources Act 1991 [F3 ; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998).].]

Textual Amendments

F2 Sch. 2 Note 1A inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 11(b) (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)(temp.)); S.I. 1996/186, art. 3

F3 Sch. 2 Note 1A: words inserted (1.7.1999) by 1998 c. 38, ss. 125, 158(1), Sch. 12 para. 9(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

Marginal Citations

M1 1991 c. 57.

[F4 1B In the case of the Forestry Commission no investigation under this Act shall be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 1998).]

Textual Amendments

F4 Sch. 2 Note 1B inserted (1.7.1999) by 1998 c. 38, ss. 125, 158(1) Sch. 12 para. 9(c) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4

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F5 2

Textual Amendments

F5 Sch. 2 Note 2 repealed (1.12.2001) by S.I. 2001/3649, arts. 1(1), 274

3 In the case of the Corporation of the Trinity House of Deptford Strond an investigation under this Act may only be conducted in respect of action in connection with their functions as a general lighthouse authority.

4 The reference to the Lord Chancellor’s Department includes the department of the Accountant General of the Supreme Court and the department of the Public Trustee (whether or not either office is held by the Permanent Secretary to the Lord Chancellor).

5 The reference to the Lord President of the Council’s Office F6 . . . does not include the Privy Council Office.

Textual Amendments

F6 Words in Sch. 2 Note 5 omitted (3.7.1992) by virtue of S.I. 1992/1311, art. 12(1)(b)

[F7 6 The reference to the Cabinet Office does not include any of the Secretariats, the Joint Intelligence Organisation or the office of the Secretary of the Cabinet and Head of the Home Civil Service, but includes the executive agencies of the Cabinet Office and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Cabinet Office, and the reference to the Treasury includes its subordinate departments and the office of any Minister whose expenses are defrayed out of moneys provided by Parliament for the service of the Treasury.]

Textual Amendments

F7 Sch. 2 Note 6 substituted (19.8.1999) by S.I. 1999/2028, art. 3

7 In the case of the Commission for the New Towns [F8 or a development corporation for a new town], no investigation shall be conducted under this Act in respect of any action in connection with functions in relation to housing.

Textual Amendments

F8 Sch. 2 Note 7: Words substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 2 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

8 The reference to the Treasury Solicitor does not include a reference to Her Majesty’s Procurator General.

[F9 8A In the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.]

Textual Amendments

F9 Note 8A inserted (1.4.1989) (E.W.S.) after Note 8 by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3, Sch. 2 para. 2(b)

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F10 9

Textual Amendments

F10 Note 9 inserted (7.7.1989 (E.W.), 1.9.1989 (S.) (N.I.)) after Note 8 by Water Act 1989 (c. 15, SIF 130), ss. 1, 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 1 para. 11(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Sch. 2 Note 9 (as inserted by 1989 c. 15) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 11(c)(ii), Sch. 24 (with ss. 7(6), 115, 117, 120, Sch. 23 para. 10(3)); S.I. 1996/186, art. 3

9 In the case of an urban development corporation no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.

10 In relation to any function exercised on behalf of the Crown by a department or authority to which this Act applies which was previously exercisable on behalf of the Crown by a department or authority to which this Act does not apply, the reference to the department or authority to which this Act applies includes a reference to the other department or authority if the other department or authority—

(a) ceased to exercise the function before the commencement of this Act; or

(b) where it exercised the function after the commencement of this Act, only did so when it was a department or authority to which this Act applied.

[F11 11 In the case of the Urban Regeneration Agency no investigation under this Act shall be conducted in respect of any action in connection with functions in relation to town and country planning.]

Textual Amendments

F11 Sch. 2 Note 11 inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 3(2); S.I. 1993/2762, art.3

Valid from 15/11/2004

13 In the case of the Government Actuary’s Department an investigation may be conducted under this Act only in respect of the giving of advice by the Government Actuary’s Department on or before 26 April 2001 relating to the exercise of functions under-

(a) Part 2 of the Insurance Companies Act 1982 F12 , or

(b) any other enactment relating to the regulation of insurance companies within the meaning of that Act.

Textual Amendments

F12 1982 c. 50; repealed by S.I. 2001/3649.